Howard Cole & Co. v. Whidden

Horne, Circuit Judge.

— The plaintiff filed declaration in covenant alleging that defendant sold it certain land for a consideration, and in the deed thereto executed July 19, 1909, covenanted “that at the time of the ensealing and delivery of the deed of conveyance that all of the above described tracts of land were free and clear from all liens and incumbrances, including taxes, and assessments of every kind and nature whatsoever;” and the declaration alleges “That the lands * * * were not * * free and clear of all liens, incumbrances, taxes and assessments, but * * there were certain taxes…